Page:United States Statutes at Large Volume 110 Part 4.djvu/83

 PUBLIC LAW 104-204—SEPT. 26, 1996 110 STAT. 2929 " DE L EGATION OF INSURING AUTHORITY TO DIRECT ENDORSEMENT MORTGAGEES "SEC. 256.(a) AUTHORITY.— The Secretary may delegate, to one or more mortgagees approved by the Secretary under the direct endorsement program, the authority of the Secretary under this Act to insure mortgages involving property upon which there is located a dwelling designed principally for occupgincy by 1 to 4 families. "(b) CONSIDERATIONS.— In determining whether to delegate authority to a mortgagee under this section, the Secretary shall consider the experience and performance of the mortgagee compared to the default rate of all insured mortgages in comparable markets, and such other factors as the Secretary determines appropriate to minimize risk of loss to the insurance funds under this Act. "(c) ENFORCEMENT OF INSURANCE REQUIREMENTS.— "(1) IN GENERAL.—I f the Secretary determines that a mortgage insured by a mortgagee pursuant to delegation of authority under this section was not originated in accordance with the requirements established by the Secretary, and the Secretary pays an insurance claim with respect to the mortgage within a reasonable period specified by the Secretary, the Secretary may require the mortgagee approved under this section to indemnify the Secretary for the loss. "(2) FRAUD OR MISREPRESENTATION. — If fraud or misrepresentation was involved in connection with the origination, the Secretary may require the mortgagee approved under this section to indemnify the Secretary for the loss regardless of when an insurance claim is paid. "(d) TERMINATION OF MORTGAGEE'S AUTHORITY.— I f a mortgagee to which the Secretary has made a delegation under this section violates the requirements and procedures established by the Secretary or the Secretary determines that other good cause exists, the Secretary may cancel a delegation of authority under this section to the mortgagee by giving notice to the mortgagee. Such a cancellation shall be effective upon receipt of the notice by the mortgagee or at a later date specified by the Secretary. A decision by the Secretary to cancel a delegation shall be final and conclusive and shall not be subject to judicial review. " (e) REQUIREMENTS AND PROCEDURES. —Before approving a delegation under this section, the Secretary shall issue regulations establishing appropriate requirements and procedures, including requirements and procedures governing the indemnification of the Secretary by the mortgagee.". SEC. 428. IMPLEMENTATION OP COMPREHENSIVE CONSERVATION AND MANAGEMENT PLANS. —Notwithstanding section 320(g) of the Federal Water Pollution Control Act (33 U.S.C. 1330(g)), funds made available pursuant to authorization under such section for fiscal year 1997 and prior fiscal years may be used for implementing comprehensive conservation and management plans. SEC. 429. (a) PLAN.— (1) The Secretary of Veterans Affairs shall develop a plan for the allocation of health care resources (including personnel and funds) of the Department of Veterans Affairs among the health care Networks of the Department so as to ensure that veterans who have similar economic status and eligibility priority and who are eligible for medical care have similar 12 USC 1715z- 21. Regulations.

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